Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Bahonko v Nurses Board of Victoria (No 4) [2007] FCA 1449
DISCRIMINATION LAW – application pursuant to s 46PO of the Human Rights and Equal Opportunity Commission Act 1986 (Cth) – allegation of unlawful discrimination – racial discrimination – disability discrimination – complaint made to Human Rights and Equal Opportunity Commission – complaint terminated as lacking in substance – whether allegations of religious or political discrimination also before Court – whether allegations pursuant to the Equal Opportunity Act 1995 (Vic) also before the Court PRACTICE AND PROCEDURE – application to extend time for filing application – discretion of court – principles to be applied in exercising discretion – whether merits of applicant's claim sufficient to warrant exercise of discretion – whether any reasonable prospect of success
Administrative Decisions (Judicial Review) Act 1977 (Cth), s 11 Disability Discrimination Act 1992 (Cth), ss 5, 6, 42, 122 Equal Opportunity Act 1995 (Vic), s 211 Evidence Act 1958 (Vic), s 21A Federal Court of Australia Act 1976 (Cth), s 31A(2) Human Rights and Equal Opportunity Commission Act 1986 (Cth), ss 32(3)(c)(ii), 46H, 46PH, 46PO, 46PR, Sch 2, Judiciary Act 1903 (Cth), s 78B Nurses Act 1993 (Vic), ss 22, 25, 48, 49, 51, 65, 66, 67 Racial Discrimination Act 1975 (Cth), ss 9(1), 9(1A), 17, 18A Victorian Civil and Administrative Tribunal Act 1998 (Vic), s 148
Bahonko v Nurses Board of Victoria (No 2) [2007] FCA 351 referred to Bahonko v Nurses Board of Victoria [2004] VCAT 1663 referred to Bahonko v Nurses Board of Victoria [2005] HCATrans 864 referred to Bahonko v Royal Melbourne Institute of Technology [2006] FCA 1325 applied Bahonko v Royal Melbourne Institute of Technology [2006] FCA 1492 cited Bahonko v Sterjov [2007] FCA 115 applied Hunter Valley Developments Pty Ltd v Cohen (1984) 3 FCR 344 cited Scherbakova v Royal Melbourne Institute of Technology [2000] FCA 1566 cited Walton v Gardiner (1993) 177 CLR 378 cited
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